Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: MileHi
"There is no such language in 2A"

How many lower federal court decisions saying exactly what I said would you like to see? 10? 20? 30?

968 posted on 03/10/2007 9:56:10 PM PST by robertpaulsen
[ Post Reply | Private Reply | To 926 | View Replies ]


To: robertpaulsen
pg 18

In determining whether the Second Amendment’s guarantee is an individual one, or some sort of collective right, the most important word is the one the drafters chose to describe the holders of the right—“the people.” That term is found in the First, Second, Fourth, Ninth, and Tenth Amendments. It has never been doubted that these provisions were designed to protect the interests of individuals against government intrusion, interference, or usurpation. We also note that the Tenth Amendment—“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people”—indicates that the authors of the Bill of Rights were perfectly capable of distinguishing between “the people,” on the one hand, and “the states,” on the other. The natural reading of “the right of the people” in the Second Amendment would accord with usage elsewhere in the Bill of Rights.

Whoops... Sorry Bobby... if I keep doing this, it's really going to make you look like an idiot isn't it?

970 posted on 03/10/2007 10:02:09 PM PST by Dead Corpse (What would a free man do?)
[ Post Reply | Private Reply | To 968 | View Replies ]

To: robertpaulsen
pg 28

One authority cited by the District has attempted to equate “keep” with “keep up,” a term that had been used in phrases such as “keep up a standing army” or, as in the Articles of Confederation, “every state shall keep up a well regulated and disciplined militia . . . .” See Wills, supra, at 66. The argument that “keep” as used in “the right of the people to keep . . . Arms” shares a military meaning with “keep up” as used in “every state shall keep up a well regulated militia” mocks usage, syntax, and common sense. Such outlandish views are likely advanced because the plain meaning of “keep” strikes a mortal blow to the collective right theory. Turning again to Dr. Johnson’s Dictionary, we see that the first three definitions of “keep” are “to retain; not to lose,” “to have in custody,” “to preserve; not to let go.” Johnson, supra, at 540. We think “keep” is a straightforward term that implies ownership or possession of a functioning weapon by an individual for private use. Emerson, 270 F.3d at 231 & n.31; accord Silveira, 328 F.3d at 573-74 (Kleinfeld, J.). The term “bear arms,” when viewed in isolation, might be thought ambiguous; it could have a military cast. But since “the people” and “keep” have obvious individual and private meanings, we think those words resolve any supposed ambiguity in the term “bear arms.”

Sorry Bobby... You are an idiot...

974 posted on 03/10/2007 10:06:21 PM PST by Dead Corpse (What would a free man do?)
[ Post Reply | Private Reply | To 968 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson